President

You are here

President

(Articles 111 through 121 of the Constitution of the Republic of Serbia)

Position of the President of the Republic

Article 111

The President of the Republic expresses the state integrity of the Republic of Serbia

Jurisdiction

Article 112

The President of the Republic represents the Republic of Serbia in the country and abroad, pronounces laws by decree, in accordance with the Constitution, proposes the prime minister designate to the Serbian Parliament, after obtaining the opinions of representatives of the elected tickets, proposes the candidates for office to the Serbian Parliament, in accordance with the Constitution and the law, appoints and recalls ambassadors of the Republic of Serbia, by decree and on the basis of proposals from the government, receives the credentials and letters of recall of foreign diplomatic representatives, grants pardons, presents decorations and performs other tasks regulated by the Constitution.

In accordance with the law, the President of the Republic is in command of the military and appoints, promotes and recalls officers of the Army of Serbia.

Promulgation of laws

Article 113

The President of the Republic is obliged to bring a decree on the promulgation of a law, or to return the law to the Serbian Parliament for a repeated debate, with a written explanation, no later than 15 days after the passage of the law in the Parliament, and no later than seven days if the law was passed in urgent procedure.

If the Serbian Parliament decides to vote again on the law that the President of the Republic has returned, the law is passed with the majority of the total number of deputies.

The President of the Republic is obliged to promulgate the law that has been passed a second time.

If the President of the Republic fails to bring a decree on promulgating the law within the deadline set by the Constitution, the Speaker of Parliament brings the decree.

Election to office

Article 114

The President of the Republic is elected at direct elections, by secret ballot, in accordance with the law.

The Speaker of Parliament schedules elections for the President of the Republic, 90 days before the expiry of the mandate of the President, so that elections are completed within 60 days, in accordance with the law.

When taking office, the President of the Republic takes the following oath before the Serbian Parliament:

"I do solemnly swear that I shall dedicate my power to the preservation of the sovereignty and territorial integrity of the Republic of Serbia, including Kosovo and Metohija as its integral part, and to the implementation of human and minority rights and freedoms, to the respect and protection of the Constitution and laws, the preservation of peace and the well being of all citizens of the Republic of Serbia and that I will conscientiously and responsibly perform all my duties."

Incompatibility of functions

Article 115

The President of the Republic may not perform any other public function or professional activity.

Mandate

Article 116

The mandate of the President of the Republic lasts for five years, beginning from the day when he takes the presidential oath before the Serbian Parliament.

If the mandate of the President of the Republic expires during a state of war or emergency, it is extended till three months after the end of the state of war or emergency.

No one may be elected President of the Republic more than twice.

The mandate of the President of the Republic ends with the expiry of the term in office for which he was elected, or with his resignation or impeachment.

The President of the Republic submits his resignation to the Speaker of the Serbian Parliament

Resignation

Article 117

When the president of the Republic resigns, he informs the public and the Speaker of the Serbian Parliament of this.

The mandate of the President of the Republic ends on the day of his resignation.

Impeachment

Article 118

The President of the Republic is impeached if he violates the Constitution, by the Serbian Parliament, with the minimum majority of two thirds.

The impeachment procedure can be initiated by the Serbian Parliament, on the initiative of at least one third of the deputies.

Upon the initiation of the impeachment procedure, the Constitutional Court is obliged to pronounce whether a violation of the Constitution exists, within 45 days at the latest.

Immunity

Article 119

The President of the Republic enjoys immunity like the deputies of the Parliament.

The Serbian Parliament decides on the president's immunity.

Replacing the President of the Republic

Article 120

When the President of the Republic is unable to perform his duty or his mandate expires before the end of the term he was elected for, the Speaker of the Serbian Parliament replaces him.

The Speaker of the Serbian Parliament can replace the president for the period of no longer than three months.

The Speaker of the Serbian Parliament is obliged to announce presidential elections in the way that elections are held no later than three months after the president ceased to be capable, or after the ending of his mandate.